STOPS_SOAR Transition Contract - JA SIGNED.pdf

Justification and Approval for Sole Source

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity.

Department of Health and Human Services (HHS) National Institutes of Health (NIH)

b. Sponsoring organization.

National Institute of Mental Health (NIMH), Office of Management (OM), and the National Institute on Drug Abuse (NIDA), Office of Management (OM), Office of Acquisition (OA)

c. Project Officer/Contracting Officer Representative (COR) information.

Project Officer/COR Name: Stephen Puckett

Mailing Address: 6101 Executive Blvd., Room 293 Bethesda, MD 20892

Email: pucketts@mail.nih.gov

Phone: 301-443-4995

2. Nature and/or description of the action being approved.

a. Acquisition purpose and objectives.

The NIH requires qualified and experienced Contractor support on a full range of activities, including in-progress research projects, program deployment and implementation, and other activities necessary to conduct the business and fulfill the mission of NIH’s biomedical research program.

NIMH/NIDA OA seeks to award a contract for a period of sixty-three (63) days (July 14, 2021 – September 15, 2021) to cover critical services during the transition from the single award Scientific, Technical, and Other Professional Services (STOPS) Contract (HHSN271201800012I) to the multiple award Scientific, Operations and Administrative Resources (SOAR) Contract (Solicitation No.: HHS-NIH-NIDA-SOL-2021-001). This transition contract is needed to avoid a lapse in services and preserve the continuity and integrity of the ongoing research programs.

This Justification and Approval (J&A) will support NIMH/NIDA OA’s position that for this short transition period (sixty-three [63] days), there is only one (1) responsible source and no other supplies or services will satisfy agency requirements (FAR 6.302-1). Additionally, any delay in the award of a contract will result in serious injury, financial or other, to the Government.

Currently, and in accordance with FAR Part 15 procedures, NIDA OA is in the process of awarding the follow-on competitive requirement. The solicitation for that requirement was released on beta.sam.gov on November 27, 2020, and closed on January 25, 2021. As the Government moves closer to awards under the SOAR solicitation, NIDA OA needs to make certain that critical services do not lapse during the transition and competition of task orders. Also, this additional time will permit the new awardees necessary time for automation integration. This transition contract will provide the minimal amount of time needed. The full follow-on competitive award will be awarded in the same fiscal year (2021).

This sole source acquisition for sixty-three (63) days will ensure the continuation of critical NIH research programs without a devastating lapse.

b. Project background.

The NIH, an Operating Division within the HHS, is the primary Federal agency for conducting and supporting medical research. Helping to lead the way toward important medical discoveries that improve people’s health, NIH scientists investigate ways to prevent disease, as well as the causes, treatments, and cures for common and rare diseases.

Composed of the Office of the Director and 27 Institutes and Centers (ICs), the NIH provides leadership and financial support to researchers across the United States and throughout the world. For over a century, the NIH has played an important role in improving the health of the nation.

The previous competitive award to Kelly Services, Inc., (Contract Number HHSN271201800012I) was made on July 14, 2018. This contract was a three (3) year Indefinite Delivery, Indefinite Quantity (IDIQ) contract with fixed price task orders (based on fully loaded fixed rates per labor category) and a contract ceiling of $747,519,575. The period of performance is from July 14, 2018 through July 13, 2021.

The milestone schedule for the follow-on re-competition of the SOAR contract formally began in July of 2019. Over the next several months, NIDA OA coordinated with the NIH Small Business Office on market research. A Sources Sought notice was posted to SAM.gov on February 10, 2020. The Acquisition Strategy and Acquisition Plan were drafted by the COR and the Contracting Officer. The Acquisition Strategy and Plan were signed by the Department on November 6, 2020. NIDA OA issued the solicitation on November 27, 2020, with a due date of January 25, 2021.

The current contract, which expires July 13, 2021, provides approximately 2,250 contractors to the NIH. These contracted services cover a broad range of unique needs.

As NIDA OA is in the process of awarding the follow-on competitive requirement, the additional period will allow for the transition of orders between contracts without a risk of a critical lapse. Additionally, new awardees have the requirement to successfully integrate with the NIH-developed web services for use in the performance of the contract. With the volume of orders and contractors performing critical services to the NIH, an extended transition is critical to avoiding lapses in essential services and support.

The total estimated projected cost of this transition contract is $55,000,000. As noted in the SOAR solicitation, monthly invoices are minimally $24 million per month on average. Considering these constraints, the current contractor is the ideal contractor that can fill the NIH's broad range of needs and/or do so with minimal loss of staff and disruption to critical research programs. If NIDA OA awarded this transition contract to any other contractor for this short period of time, it would be inefficient, create a mass disruption of services, and impact millions of dollars of completed and ongoing research.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title.

Scientific, Technical, and Other Professional Services (STOPS) Transition

b. Project description.

The contractor shall independently provide scientific, operations, and administrative support to assist the NIH in meeting its operational objectives. The contractor shall provide services only to the NIH, which is comprised of the Office of the Director and 27 Institutes and Centers.

Further, the Statement of Work does NOT include clerical level administrative support, which is furnished by the NIH’s Long-Term Administrative Support Contracts (LTASC), or another contract mechanism. Furthermore, the Statement of Work does NOT include obtaining legal advice or representation; however, the contractor may use individuals who happen to be licensed attorneys to furnish services other than providing legal advice or representation. Additionally, the Statement of Work does NOT include obtaining services which are expressly listed as inherently governmental in OFPP Policy Letter 11-01, Appendix A (September 12, 2011).

Please also refer to the Statement of Work included with this J&A for a more detailed description of the requirement.

a. Requirement type.

� Research & development (R&D) � R & D support services X Support services � Supplies/equipment � Information technology (IT) � Construction

� Architect-engineer (A & E) services � Design-build � Other (specify):

b. Type of action.

� New requirement X Follow-on – sixty-three (63) day sole-source contract between the expiring contract and the ongoing competitive procurement.

� Other (specify):

c. Proposed contract/order type.

� Firm-fixed-price � Other fixed-price (specify, e.g., fixed-price award-fee, fixed- price incentive-fee):

� Cost-plus-fixed-fee � Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee):

� Time and materials X Indefinite delivery, indefinite quantity, � Other (specify):

� Completion Form X Term form

d. Acquisition identification number. To be determined.

c. Total estimated dollar value and performance/delivery period.

The total estimated dollar value of the sixty-three (63) day contract is $55 million.

The period of performance is July 14, 2021 to September 15, 2021.

4. Identification of the statutory authority permitting other than full and open competition.

X This acquisition is conducted under the authority of 41 United States Code 253(c)(1) as set forth in Federal Acquisition Regulation 6.302-1, Only one (1) responsible source and no other supplies or services will satisfy agency requirements.

1. This acquisition is conducted under the authority of section 4202 of the Clinger-Cohen Act of 1996. Check this block for an acquisition that is based on the authority of the test program for commercial items – specifically section 4202 of the Clinger-Cohen Act of 1996 [see FAR 13.501(a)(1)(ii)].

2. This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a). Check this block for an acquisition that is based on the authority of the test program for commercial items – specifically the Services Acquisition Reform Act of 2003 [see FAR 13.500(e) and 13.501(a)(1)(ii)]. {NOTE: This authority may only be used when acquiring items in support of a contingency operation or to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack [see FAR 13.500(e)(1)]}.

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

c. Name and address of the proposed contractor(s).

Kelly Services, Inc., 999 West Big Beaver Road, Troy, Michigan 48084

d. Nature of the acquisition and proposed unique qualifications of the contractor(s).

As discussed above, NIDA OA is in the process of awarding the follow-on competitive requirement and this the additional period will allow for the transition of orders between contracts without a risk of a critical lapse.

Delays in transition were not reasonably foreseeable at the time the initial contract was awarded, and it is necessary to ensure continuity of services, pending the award of the follow-on contract.

The NIH's most critical concern is the continuity and integrity of the ongoing research programs and the retention of integral contractors to conduct these programs until a time that the full competitive requirement can be completed, and task orders are transitioned between contracts. A lapse in service would be devastating to the NIH research.

The services provided by this contract support integral parts of programs across all 27 Institutes and Centers at NIH. NIH invests over $41.7 billion dollars annually in medical research. If this contract lapses, there would be an immediate and profound impact. For example, services under this contract prevent imminent harm to life (both human and animal) and property. If the contract were to lapse, direct patient care and treatment would be disrupted, ongoing clinical trials jeopardized, and work and preservation of biological specimens put at risk.

NIDA OA believes there are other vendors that can compete long term for this requirement. Operating in good faith, NIDA OA has been proceeding with a full and open multiple-award competition for these services for a five (5) year period. However, for this brief period of time (sixty-three [63] days – July 14, 2021 – September 15, 2021) and for the continuity of services and minimal disruption, NIDA OA needs to limit the number of sources from which it solicits proposals to only Kelly Services, Inc.

Only one source, the incumbent, can successfully perform these services for this two (2) month period. If the contract lapses, approximately 2,250 contracted professionals will be impacted. Without a sole source to Kelly Services, each of these 2,250 positions for services needed by the ICs would need to be recruited, onboarded, and badged, which would take well over 63 days. The possibility of recruiting and retaining highly qualified contractors with the level of expertise currently provided would be completely disrupted. In addition, there would be insufficient time needed for the purposes of processing visas and ensuring contractors do not need to return to their home country. It would be completely unreasonable to continue services without a sole source to the incumbent for this brief two (2) month period. Any other source could not effectively continue services and a lapse in services would cause acute financial harm, loss of critical research, and potential loss of life. An expiration of a contract award without the transition of task orders completed, combined with a lapse in services, would irreparably harm the credibility of the SOAR program and jeopardize the future success and existence of this critical NIH resource for professional services.

Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a SAM.gov notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A otification was posted on Sam.gov on March 18. 2021. Any responses were due no later than 6:00 P.M. EST on April 2, 2021.

Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

The Contracting Officer will evaluate the cost/price proposed by Kelly Services, Inc. As this is a short- term contract, NIDA expects the same pricing to be used for this additional sixty-three (63) day period of performance. The current pricing was previously determined to be fair and reasonable.

Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

The Contracting Officer used market research conducted for the pending contract award, RFP number HHS-NIH-NIDA-SOL-2021-001, as the market research information is still current, accurate, and relevant. In accordance with FAR Part 10.002(b)(1), Market Research was conducted and considered urgency, estimated dollar value, complexity, and past experience. With respect to the need for a sole source transition contract to avoid a lapse in services, there is no other contractor other than the incumbent that can realistically fill NIH's broad range of needs or do so with minimal loss of staff and disruption to critical research programs for this short period of time.

Any other facts supporting the use of other than full and open competition.

As described above, NIDA OA plans this requirement as a sole-source sixty-three (63) day contract to ensure that scientific, operations, and administrative resources continue beyond the current expiration date of July 13, 2021. This sole source acquisition will ensure the continuation of critical NIH research programs without a devastating lapse in services and successful transition to the follow-on SOAR contract.

The current contractor is the ideal contractor that can fill NIH's broad range of needs and do so with minimal loss of staff and disruption to critical research programs. If NIDA were to award a contract to any other contractor for this short period of time, it would be inefficient and create mass disruption of research services and negatively impact millions of dollars of completed and ongoing research. It may also impact the work visas of many scientists and this would result in serious injury, financial or other, to the Government.

The period of performance of the contract modification is the minimum acceptable period necessary to meet mission requirements. Additionally, this acquisition does not exceed the time necessary for the agency to award another contract for the required goods and services using competitive procedures.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

No responses were received by the due date in response to the posting.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

The re-competition of the follow-on SOARS contract is underway. The follow-on contract will be awarded using full and open competition, will be multiple-award, and for a five (5) year ordering period. This sixty-three (63) day transition contract will allow the NIH to avoid a lapse in services until task orders can be competed and transitioned to the SOAR awardees.

12. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements, and other rationale for other than full and open competition, are accurate and complete.

13. Contracting Officer Certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

14. Chief of the Contracting Office and Head of the Contracting Activity signature(s).

Official Name & Title Signature Date

Contracting Officer’s

Representative

Stephen Puckett

COR’s Immediate Supervisor

Kim Black

Executive Officer

Ann D. Huston

Head of the Sponsoring

Program Office

Dr. Joshua Gordon

Stephen G.

Puckett -S

Digitally signed by Stephen G. Puckett -S Date: 2021.04.05 07:27:03 -04'00'

Kim M.

Black -S

Digitally signed by Kim M. Black -S Date: 2021.04.05 07:33:35 -04'00'

Ann D.

Huston -S

Digitally signed by Ann D. Huston -S Date: 2021.04.05 20:27:54 -04'00'

Allen C. Lo -S

Digitally signed by Allen C. Lo -S Date: 2021.04.06 10:17:25 -04'00'

4/5/21

4/5/21

4/5/21

4/6/21

Official Name & Title Signature Date

Contracting Officer

Brian O’Laughli Brian H.

O'laughlin -S

Digitally signed by Brian H. O'laughlin -S Date: 2021.04.06 11:34:06 -04'00'

4/6/21

Official Name & Title Signature Date

Chief of the Contracting

Office

Christopher Belt

Christopher J. Belt -S

Digitally signed by Christopher J. Belt -S Date: 2021.04.06 11:38:32 -04'00'

4/6/21

Head of the Contracting

Activity Diane J. Frasier, Director,OALM

15. Competition Advocate signature.

Official Name & Title Signature Date

Competition Advocate

Dr. Richard G. Wyatt, Deputy Director, Office of Intramural Research

ATTACHMENT : STATEMENT OF WORK

SCOPE

The Contractor shall independently provide scientific, technical, and other professional support services to assist the National Institutes of Health (NIH) in meeting its operational objectives. The Contractor shall provide services only to the NIH, which is comprised of the Office of the Director and 27 Institutes and Centers (ICs). To furnish these services to the NIH, the Contractor’s principal place of work shall only be in the United States or Canada. For the purposes of this statement of work (SOW), the United States is defined as the several States, the District of Columbia, the U.S. Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and Wake Island. However, the Contractor may be required to travel for up to no more than 29 days at a time to locations outside of the United States, Canada, India, or Africa. Regarding the support services sought by this Statement of Work, this Statement of Work does not seek support services outside of the four (4) task area descriptions provided below, although some of the sought services may involve blending services from multiple task areas. Further, this statement of work does NOT include clerical level administrative support, which is furnished by NIH’s Long Term Administrative Support Contract (LTASC) II contract, or another contract mechanism. Furthermore, this statement of work does NOT include obtaining legal advice or representation; however, the Contractor may use individuals who happen to be licensed attorneys to furnish services other than providing legal advice or representation. Additionally, this statement of work does NOT include obtaining services which are expressly listed as inherently governmental in the Office of Federal Procurement Policy (OFPP) Policy Letter 11-01, Appendix A (Sep. 12, 2011).

PERIOD OF PERFORMANCE

The period of performance shall be .

BACKGROUND

The National Institutes of Health (NIH), an Operating Division within the U.S. Department of Health and Human Services, is the primary Federal agency for conducting and supporting medical research. Helping to lead the way toward important medical discoveries that improve people’s health, NIH scientists investigate ways to prevent disease, as well as the causes, treatments, and cures for common and rare diseases.

NIH research impacts:

Child and teen health;

Men’s health;

Minority health;

Seniors’ health;

Women’s health; and Wellness and lifestyle issues.

Composed of the Office of the Director and 27 Institutes and Centers (ICs), the NIH provides leadership and financial support to researchers across the United States and throughout the world. For over a century, the National Institutes of Health has played an important role in improving the health of the nation.

The goals of the Agency are as follows:

1) Foster fundamental creative discoveries, innovative research strategies, and their applications as a basis to advance significantly the Nation’s capacity to protect and improve health;

2) Develop, maintain, and renew scientific human and physical resources that will assure the Nation’s capability to prevent disease;

3) Expand the knowledge base in medical and associated sciences in order to enhance the Nation’s economic well-being and ensure a continued high return on the public investment in research; and

4) Exemplify and promote the highest level of scientific integrity, public accountability, and social responsibility in the conduct of science.

In realizing these goals, the NIH provides leadership and direction to programs designed to improve the health of the Nation by conducting and supporting research in the following:

In the causes, diagnosis, prevention, and cure of human diseases;

In the processes of human growth and development;

In the biological effects of environmental contaminants;

In the understanding of mental, addictive, and physical disorders; and In directing programs for the collection, dissemination, and exchange of information in medicine and health, including the development and support of medical libraries and the training of medical librarians and other health information specialists.

TASK AREAS

The Contractor shall provide support services as described in the following four (4) task areas. This statement of work does not seek support services outside of the task area descriptions. Services shall be furnished according to individual fixed-price tasks orders issued during the contract period of performance.

Task Area 1: This task area encompasses providing clinical research support and other professional support to research efforts involving human subjects. The support contemplated ranges from management assistance, providing scientific or other professional analysis and advice, furnishing logistical or operational support or assistance, directly assisting in an experiment, laboratory, or a clinical setting, obtaining, compiling, or organizing data and writing reports, to conducting or assisting in all publishing or other communications efforts related to the research. However, this task area does not include clerical level administrative support, which is furnished by NIH’s LTASC II contract, or another contract mechanism. Hence, with the exception of clerical level administrative support, any task which the agency requires to support research involving human subjects, and only human subjects, may be obtained under this task area. Further, the level of professional expertise being obtained through this task area runs the full gamut from work tasks not requiring degrees, credentials, licenses, or certifications, up to and including, licensed practitioners and highly specialized PhD or doctorate level professionals. The labor categories related to this task area include, but are not limited to, the following:

Accounting Technician Data Analyst Meeting Coordinator Biochemist Database Administrator MRI Data Analyst Bioinformatics Scientist Database Manager, Scientific MRI Technician Biologist Database Programmer MRI Psychology Researcher Biomedical Engineer Driver/Courier Operations Coordinator Biostatistician Echo Technician Patient Coordinator Budget Analyst EEG Technician Patient Research Coordinator Budget Assistant Electrical Engineer Photographer Chemist Ethics Program Analyst Procurement Technician Clinical Advisor Executive Assistant Project Manager Clinical Data Specialist Financial Analysis Manager Recruitment & Outreach Program Mgr Clinical Interviewer Genetics Counselor Recruitment & Outreach Specialist Clinical Operations Manager Grants Management Executive Research Analyst Clinical Program Manager Grants Management Specialist Researcher Clinical Protocol Coordinator Grants Program Analyst Science Policy Analyst Clinical Psychologist Human Resources Advisor Scientific Program Analyst Clinical Research Associate Human Resources Development Spec Scientific Program Manager Clinical Research Coordinator Human Resources Specialist Scientific Research Analyst Communications Editor Laboratory Assistant Scientific Reviewer Communications Editor, Scientific Laboratory Manager Scientist Computer Programmer Lab. Shipping & Receiving Clerk Senior Advisor Computer Systems Analyst Laboratory Technician Social Worker Contracts and Grants Specialist Management Analyst Statistician Contracts Advisor Medical Laboratory Technician Technical Writer, Scientific Contracts Analyst Medical Officer Contracts Assistant Medical Records Specialist

Task Area 2: This task area encompasses providing clinical research support and other professional support to research efforts involving non-human subjects. The support contemplated ranges from management assistance, providing scientific or other professional analysis and advice, furnishing logistical or operational support or assistance, directly assisting in an experiment, laboratory, or a clinical setting, obtaining, compiling, or organizing data and writing reports, to conducting or assisting in all publishing or other communications efforts related to the research. However, this task area does not include clerical level administrative support, which is furnished by NIH’s LTASC II contract, or another contract mechanism. Hence, with the exception of clerical level administrative support, any task which the agency requires to support research involving non-human subjects, and only non-human subjects, may be obtained under this task area. Further, the level of professional expertise being obtained through this task area runs the full gamut from work tasks not requiring degrees, credentials, licenses, or certifications, up to and including, licensed practitioners and highly specialized PhD or doctorate level professionals. The labor categories related to this task area include, but are not limited to, the following:

Accounting Technician Executive Assistant Procurement Technician Animal Biologist Fellowship Program Analyst Project Manager Animal Technician Financial Analysis Manager Recruitment and Outreach Program Mgr Biochemist Grants Management Executive Recruitment and Outreach Specialist Bioinformatics Scientist Grants Management Specialist Registered Nurse Biologist Grants Program Analyst Research Analyst Biomedical Engineer Human Resources Advisor Research Nurse Biostatistician Human Resources Development Spec Researcher Budget Analyst Human Resources Specialist Science Policy Analyst Budget Assistant Laboratory Assistant Scientific Program Analyst Chemist Laboratory Manager Scientific Program Manager Clinical Advisor Lab. Shipping & Receiving Clerk Scientific Research Analyst Communications Editor Laboratory Technician Scientific Reviewer Communications Editor, Scientific Licensed Practical Nurse Scientist Computer Programmer Management Analyst Senior Advisor Computer Systems Analyst Medical Assistant Sleep Technician Contracts Advisor Medical Laboratory Technician Statistician Contracts Analyst Medical Records Specialist Technical Writer, Scientific Contract Assistant Meeting Coordinator Senior Advisor Contracts & Grants Specialist MRI Data Analyst Ultra Sound Technician Data Analyst MRI Psychology Researcher Visa Coordinator Database Administrator Nurse Practitioner Database Manager, Scientific Nursing Assistant Database Programmer Operations Coordinator Driver/Courier Phlebotomist Electrical Engineer Photographer Ethics Program Analyst Policy Analyst

Task Area 3: This task area encompasses providing clinical research support and other professional support to research efforts which do not involve living subjects. The support contemplated ranges from management assistance, providing scientific or other professional analysis and advice, furnishing logistical or operational support or assistance, directly assisting in an experiment, laboratory, or a clinical setting, obtaining, compiling, or organizing data and writing reports, to conducting or assisting in all publishing or other communications efforts related to the research. However, this task area does not include clerical level administrative support, which is furnished by NIH’s LTASC II contract, or another contract mechanism. Hence, with the exception of clerical level administrative support, any task which the agency requires to support research not involving living subjects, and only research not involving living subjects, may be obtained under this task area. Further, the level of professional expertise being obtained through this task area runs the full gamut from work tasks not requiring degrees, credentials, licenses, or certifications, up to and including, licensed practitioners and highly specialized PhD or doctorate level professionals. The labor categories related to this task area include, but are not limited to, the following:

Accounting Technician Electrical Engineer Medical Illustrator Biochemist Ethics Program Analyst Meeting Coordinator Bioinformatics Scientist Grants Management Executive MRI Data Analyst Biologist Contracts Analyst MRI Psychology Researcher Biomedical Engineer Contracts Assistant Patient Coordinator Biostatistician Data Analyst Patient Research Coordinator Budget Analyst Database Administrator Photographer Budget Assistant Database Programmer Chemist Driver/Courier Procurement Technician Clinical Advisor Grants Management Specialist Project Manager Clinical Data Specialist Grants Program Analyst Recruitment & Outreach Specialist Clinical Interviewer Executive Assistant Research Analyst Clinical Operations Manager Financial Analysis Manager Researcher Clinical Program Manager Human Resources Advisor Science Policy Analyst Clinical Protocol Coordinator Human Resources Development

Specialist Scientific Program Analyst

Clinical Psychologist Clinical Research Associate

Human Resources Specialist Scientific Program Manager

Clinical Research Laboratory Manager Scientific Research Analyst Coordinator Lab. Shipping & Receiving Clerk Scientific Reviewer Communications Editor Laboratory Technician Scientist Communications Editor, Scientific

Management Analyst Senior Advisor

Computer Programmer Medical Laboratory Technician Statistician Computer Systems Analyst Medical Records Specialist Technical Writer, Scientific Contracts and Grants Specialist Contracts Advisor

Task Area 4: This task area encompasses providing architectural and engineering, maintenance, and facility advice, assistance, and support to the NIH. This task area includes all aspects of assisting, advising on, supporting, and conducting facility maintenance. However, this task area does not include clerical level administrative support, which is furnished by NIH’s LTASC II contract, or another contract mechanism. The task area expressly excludes janitorial services, renovation, and new construction. However, this task area does include project management and other advice, assistance, and support functions for the planning, management, oversight, inspection, compliance review, and close-out of janitorial services, renovation, and new construction.

This task area also includes conducting space planning/design, and cubicle and office configuration and re-configuration. Further, the work sought under this task area includes advice, assistance, and support as to all aspects of physical property inventorying, accountability, management, surplusing, and disposal. Furthermore, the work sought under this task area shall only be performed in facilities within the Continental United States which are occupied by the NIH. Additionally, this task area includes providing advice, assistance, and support for HVAC, electrical systems, plumbing and sprinklers, and physical security. This task area also includes providing advice, assistance, and support for the planning and coordinating of the maintenance and movement of intricate scientific equipment. This task area may also include certain services which furnish limited logistical support to facility operations, such as a mail room clerk or a driver/courier. However, the task area expressly excludes topiary and landscaping (such as trimming, mowing, and mulching). The labor categories related to this task area include, but are not limited to, the following:

Driver/Courier Facilities Planning Manager Project Manager Electrical Engineer Facilities Security Engineer Property Accountability Manager Executive Assistant Management Analyst Property Technician Facilities Management Assistant Operations Coordinator Senior Advisor

LABOR CATEGORY CATALOG:

The labor category catalog provides definitions to the aforementioned labor categories, which shall be used to provide the services sought under the task areas, and under each task order. To be clear, the aforementioned labor categories are not an exhaustive list. During the term of contract performance, NIH shall add labor categories to what is presented in this statement of work; however, all added labor categories shall be for services which fall within one (1) or several of the four (4) task areas. Further, individual task orders may seek different skill levels or levels of qualifications within a single labor category.

SPECIFIC REQUIREMENTS

The Contractor is apprised of the following requirements for specific labor categories. First, the NIH shall not acquire services to support acquisition source selection unless issuing a task order for those services is in accordance with FAR 37.203. Further, in accordance with FAR Subpart 3.11, the Contractor is required to have a system in place to screen for and prevent personal conflicts of interest for individuals involved in providing acquisition assistance.

Next, in accordance with FAR 37.401, NIH shall only obtain the services of physicians, dentists, and other health care providers on the express understanding that 1) the Government retains no control over the medical and professional judgments which are to be made as part of furnishing those services, 2) the Contractor shall indemnify the Government for any liability-producing act or omission by the Contractor’s physicians, dentists, and other health care providers, 3) the Contractor shall maintain medical liability insurance which is not less than the prevailing amount of coverage for practitioners within the local community for the medical specialty covered, and 4) any relevant subcontract shall contain FAR Clause 52.237-7. Further, the Contractor company, any subcontractor or consultant firm, and any individual health care provider furnished under the contemplated contract, may be required to sign a Health Insurance Portability and Accountability Act (HIPAA) non-disclosure or business associate agreement. Consideration for that agreement will be tied to the contract contemplated by this SOW.

FILLING LABOR CATEGORIES TO PROVIDE THE REQUIRED SERVICES

As to the Contractor finding individuals to fill labor categories for the provision of any required services, the Contractor is given full discretion to fill a position with its own employees, subcontractor employees, or independent contractors/consultants.

To provide the required services, an individual Contractor’s principal place of work will be in the United States, based on previous experience; however, in all likelihood, the majority of all tasks shall be performed in the Bethesda or Rockville, Maryland areas. Also, for some tasks orders, the Contractor shall be allowed to fulfill the services sought under the task order with support personnel working remotely (Contractor facility or telework).

Approximately 95% of all work tasks are anticipated to be long-term efforts requiring continuous performance in excess of six (6) months; however, there may be a need for intermittent tasks with flexible hours. The majority of the services required shall necessitate full-time work; however, there may be a need for part-time services, overtime, and on-call for mission essential functions. Part-time, overtime and on-call for mission essential requirements shall be defined on the individual task order award documents.

The task areas sought require a broad skill range across an entire spectrum of employment categories. The division of skill categories is likely, but not guaranteed, to follow the approximate breakdown below:

65% 28% 4%

Scientific Professional/Executive Admin Healthcare Engineering/Facility Maintenance 3%

Below are Department of Labor wage determinations for all NIH locations served under the current contract:

Work State Work County Wage Determination Arizona Maricopa 2015-5469 California Riverside 2015-5629 California San Diego 2015-5635 California Los Angeles 2015-5613 Colorado Denver 2015-5419 Colorado Mesa 2015-5423 Connecticut Hartford 2005-2087 Washington, DC District of Columbia 2015-4281 Delaware Sussex 2005-2095 Florida Citrus 2005-2113 Florida Escambia 2005-3033 Florida Pasco 2005-2125 Florida Volusia 2005-2109 Georgia Gwinnett 2015-4471 Indiana Hamilton 2005-2193 Kansas Johnson 2005-2307 Massachusetts Berkshire 2005-2261 Massachusetts Essex 2005-2257 Massachusetts Bristol 2005-2255 Massachusetts Middlesex 2005-2255 Massachusetts Norfolk 2005-2255 Maryland Baltimore 2005-2247 Maryland Frederick 2015-2103 Maryland Howard 2005-2247 Maryland Montgomery 2015-2103 Michigan Washtenaw 2005-2269 Michigan Wayne 2005-2273 Missouri Boone 2015-2309 Montana Ravalli 2005-2317 North Carolina Durham 2005-2401 North Carolina Montgomery 2005-2397 North Carolina Orange 2005-2401 North Carolina Wake 2005-2401 New Jersey Hunterdon 2005-2349 New Jersey Middlesex 2005-2349 New York Albany 2015-4143 New York New York 2015-4187 Ohio Franklin 2015-4729 Oregon Multnomah 2005-2441 Pennsylvania Montgomery 2005-2449 South Carolina Beaufort 2005-2473 South Carolina Charleston 2005-2473 South Carolina Lexington 2005-2476 Texas Fort Bend 2015-5233 Texas Montgomery 2015-5233

Utah Salt Lake 2005-2531 Virginia City of Danville 2015-2547 Virginia Staunton 2015-2547 Washington King 2005-2563 Wisconsin Dane 2005-2579

CONTRACTOR MANAGEMENT OF ITS OWN EMPLOYEES, SUBCONTRACTORS, CONSULTANTS

The Contractor shall be required to replace an individual contractor/subcontractor/consultant that leaves the Contractor’s employ when the requirement covered by the task order still exists. Further, the Contractor may replace an individual contractor/subcontractor/consultant when recommended by the Government; however, the decision to remove a non-performing individual belongs to the Contractor, and if the Contractor continues to fail to perform, the Government may pursue appropriate remedies under the contract. NIH program officials may suggest potential labor sources for providing services under task orders; however, the decision whether to hire any person to perform under a task order belongs to the Contractor.

The Contractor shall be required to handle all management issues for its employees, subcontractors, and consultants, which includes a wide variety of in-processing issues such as employee orientation, completion of forms, facility tours, availability of parking, security requirements, etc. Additionally, the Contractor will provide electronic timekeeping services, verify hours worked, resolve individual contractor issues, administer Government approved travel requirements, provide visa processing for non-US citizen contract employees, etc.

The Contractor will also be required to provide accurate and timely billing rates and confirmations for each individual contractor hired.

To facilitate the Contractor’s management of its own employees, subcontractors, and consultants, NIH shall provide office space for approximately seventeen (17) Contractors on-site in the Bethesda and/or Rockville, Maryland area to oversee the project. The amount of space will be determined prior to contract award based on the Contractor’s proposed support staff. In addition, NIH will provide office space for one (1) on-site Contractor staff each in Baltimore, MD, Raleigh/Durham, NC, and Rocky Mountain Laboratory in Hamilton, MT. Regarding future growth, any geographic location that has fifty (50) or more contractors will require the addition of on-site Contractor management at that location. In the spaces provided for Contractor management, the Contractor shall provide all of the materials necessary for it to maintain its own business records and conduct its own business-internal administrative functions, such as all IT machines, office supplies, employee files, etc.

However, NIH may provide Government-owned IT machines solely for the Contractor’s managers at these locations to be able to communicate on and support the substantive work being performed by Contractor employees under a task order. The overall intent is that NIH does not want contractor-internal business records or contractor-internal communications on Government machines; nor does NIH want the Government’s non-public information on Contractor machines.

To be clear, the Contractor, not the Government, shall be responsible for managing and supervising its personnel at all locations, regardless as to whether a Contractor manager/supervisor is located on-site. In each task order, the Government shall provide the specific requirements for the services to be performed, and Contractor management/supervisors shall be responsible for controlling and ensuring the performance of contractor personnel in meeting those requirements at the various NIH offices.

NON-PERSONAL SERVICES - NATURE OF THE SERVICES BEING PROVIDED

Contractor employees, subcontractors, and consultants performing services under this order will be managed, directed, and supervised at all times by management supervisory personnel of the Contractor. The Contractor’s management shall ensure that employees properly comply with the performance standards outlined in this statement of work and the Performance Evaluation Standards for each task order. Contractor employees will perform independent of, and without the supervision of, any Government official. Actions of Contractor employees may not be interpreted or implemented in any manner which results in any Contractor doing the following: creating or modifying Federal policy; obligating the appropriated funds of the U.S. Government;

overseeing the work of Federal employees; and providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR).

The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

GENERAL REQUIREMENTS

a. Recruitment and Retention:

The Contractor shall employ hiring, management, and retention practices that ensure the Contractor is able to identify, screen, place, monitor, evaluate, train, and retain qualified candidates to fulfill service requirements under this contract.

b. Training:

The Contractor, at its own expense, shall perform training, except as otherwise noted below:

1) The Government may provide training on NIH-specific systems particular to the work to be performed by the Contractor. If the Contractor changes employees during the performance of tasks frequently enough to interfere with Government operations and impose a burden on Government training staff, the Contractor may be subject to a downward equitable adjustment and/or a determination that the Contractor has failed to perform relevant task orders.

2) Limited training of individual contractors may be authorized; as an example, when the client agency changes software systems during the performance of an ongoing task and it is determined to be in the best interest of the Government to furnish that training to the Contractor’s chosen individual.

3) When the Government has given prior approval for training to meet special requirements that are peculiar to a particular task order, the Government may reimburse the Contractor for tuition, travel, and per diem as required. Any reimbursement shall be in accordance with FAR Subpart 31.2 and reimbursed travel costs shall not exceed the applicable per diem and mileage rates in the Federal Travel Regulation (FTR). The travel/training/conference attendance will be negotiated in advance and awarded as a fixed-price task order or task order modification. A travel/training request form will be prepared by the individual contractor and forwarded to the Contracting Officer’s Representative (COR) for review. If the travel/training/conference is deemed appropriate, the COR will approve, and the Contractor will notify Contractor personnel via written notification. There may be individual contractors who travel to foreign locations for conferences.

Types of visas often required for travel include visitor and business visas. Funds for visa processing fees will be awarded in task orders that require them.

4) The Contractor shall ensure that each contractor/subcontractor/consultant employee completes all NIH required training courses.

5) The Contractor shall provide an appropriate orientation outlining guidelines for working at the NIH and NIH’s policies for on-site contractors, and any applicable Contractor company policies.

6) In very limited circumstances, relocation expenses may be negotiated and paid for as provided by the Contractor’s fixed-price proposal in response to an issued task order. In those circumstances, costs shall be in accordance with FAR 31.205-35, the FTR, and NIH policies.

c. Licensing and Certification Requirements:

The Contractor must ensure that contract staff possesses and maintains/renews the appropriate licensure and/or certification as required by applicable law for the service(s) being performed and/or provided in the labor category description or the task order.

d. Timecards and Invoicing:

1) The Contractor must provide and manage a user friendly web-based labor collection and review system for timecards. Apart from audits or investigations, the Government does not require access to the Contractor’s system. However, the Government requires level-of-effort and billing information to be submitted electronically.

2) The Contractor must provide timely, detailed, and accurate electronic monthly invoicing (Note: an invoice should include all sub-contractors and consultants).

e. Insurance Requirements:

The Contractor must meet requisite insurance requirements for all skill categories as defined in the solicitation, relevant task orders, and as is customary for the services being performed (such as automobile, Standard Workman’s’ Compensation, Employer’s Liability Insurance, Ref: FAR Clause 52.228-7 Insurance-Liability to Third persons).

IMPORTANCE OF THE CONTRACTOR’S BENEFITS

In the Contractor’s proposal, the Contractor shall provide specific details as to the benefits packages being provided to employees, including: paid time off (vacation/sick time with a recommended minimum of four (4) weeks); holiday pay in accordance with defined holidays as listed below; health benefits; retirement benefits;

other benefits; and any performance incentives. Because successful performance of this contract hinges on the Contractor’s ability to attract and keep talented professionals, the Government shall be evaluating the Contractor’s benefits program as an indicator of the ability to successfully perform. However, to be clear, the Government is not requiring that the Contractor adopt any specific benefits or benefits system.

Employee, subcontractor, and consultant work schedules shall allow for the ten (10) Federal Holidays listed below. In the instance of an unscheduled facility closing due to snow or other inclement weather, Presidential Order, or another contingency as determined by the Department, NIH, or the Office of Personnel Management, the Government will not grant Contractor personnel paid time off for that day. The Contractor will be responsible for ensuring clear communications and providing contract staff with procedures regarding unscheduled facility closings or possible government shutdowns. It shall be the Contractor's responsibility to determine how its employees, subcontractors, and consultants are compensated for any work day lost to a contingency event. The ten (10) Federal Holidays are as follows:

• New Year’s Day (January 1)

• Martin Luther King, Jr.’s, Birthday (Third Monday in January)

• Presidents’ Day (Third Monday in February)

• Memorial Day (Last Monday in May)

• Independence Day (July 4)

• Labor Day (First Monday in September)

• Columbus Day (Second Monday in October)

• Veterans Day (November 11)

• Thanksgiving Day (Fourth Thursday in November)

• Christmas Day (December 25)

If the holiday falls on a Saturday, the preceding Friday is the holiday. If the holiday falls on a Sunday, the following Monday is the holiday.